Housing benefit error, 2nd child not on claim

pitkin2020

Wondering if anyone can offer some advice, we have basically found out today our 2nd child wasn't put onto our housing benefit claim. Our second child was born in 2011!!!

My partner has recently gone back to work and they changed our entitlement to zero. I checked the figures using entitledto.com and even the councils own calculator which showed entitled. However today I noticed the applicable amount shown on the paperwork was different to the councils own website applicable amount. I phoned them to find out and they claim they have never been informed of a 2nd child.

Whats worse I can't confirm or deny as it was in 2011 but on the paperwork showing the calculation for total income it shows,
Child tax credit (AMOUNT)
Earnings (AMOUNT)
Child benefit for eldest child (amount)

Now surely if they only have one child on the claim why you write ELDEST child??

Due to overpayment we have to pay back some of the HB we have received, (fair enough) but it appears we have actually been underpaid since 2011. Having spoken to the council on the phone they will apply the 2nd child from when i take them the birth certificate but will be from that date onwards.

Not sure where I stand or what i can do, the overpayment has come about because of a change of employment but they informed they updated the account from the information they have received from working tax credits. It has come to light only the amount we receive not the whole figure, do these departments not actually share any relevant information just snippets.

Anyone have any advice or know of a complaints procedure to try and reduce our overpayment liability and get this back on an even keel

soz for such a long post lol:beer:

tomtom256

Eldest child is what is written on the child benefit letter and the highest amount given.

Then the other child should be listed and you get lest child benefit for them, hence why they would write Eldest child.

Ask them to check their records and then appeal stating you have told them.

It may be classed as a beneficial change but they may award and back pay the benefit if your lucky or they admit an error.

bloolagoon

Does it impact your HB though ie you got the 2 bed rate and it would still be the 2 bed rate?

pitkin2020

it impacts it to the point of no entitlement to £40 per week entitlement. Which if the 2nd child had actually been on the claim there would have been no over payment by them.
It is very annoying as I am adamant they were informed at the time but at that time when our 2nd child was born we were getting full entitlement so there would have been no increase to the amount we received. I have no paperwork going back to 2011.

As a side note i find it strange that i don't have to inform them of working tax credit change or child tax credit changes which are all correct but they don't receive child benefit information.

It still makes no sense to list "Eldest child" if there is only 1 child on the claim, it appears the wording on the forms is almost set to mislead.
On the actual paperwork for child benefit they haven't listed it as "eldest/youngest" they have been listed by name

pitkin2020

bloolagoon wrote: »

Does it impact your HB though ie you got the 2 bed rate and it would still be the 2 bed rate?

It doesn't effect the rate of entitlement from that point, its still a 2 bed entitlement due to being 2 boys. Its just the amount we are awarded in respect to our earnings etc.

bloolagoon

pitkin2020 wrote: »

It doesn't effect the rate of entitlement from that point, its still a 2 bed entitlement due to being 2 boys. Its just the amount we are awarded in respect to our earnings etc.

Sorry when you said gone back to work I assumed you were on full housing benefit due to not working.

nannytone_2

did you receive a new hv award letter after the birth of your second child?
the fact that your tax credit amount rose would have caused your claim to be reassessed

pitkin2020

bloolagoon wrote: »

Sorry when you said gone back to work I assumed you were on full housing benefit due to not working.

originally were on the full amount of £115 per week as per the LHA, when my partner started work we expected it to drop which it did. The amounts they awarded us though never matched the figures entitled to claimed we should be getting and when ever we queried we just got the "that isn't accurate"

nannytone wrote: »

did you receive a new hv award letter after the birth of your second child?
the fact that your tax credit amount rose would have caused your claim to be reassessed

My 2nd child was born in 2011 and I don't have paperwork dating back to that. Simply because everytime we get something from them its 15 pages long and we actually cleared out all paperwork at the start of the year that wasn't relevant to the current claim (BAD MOVE!!).

I dont know if the amount of child tax credit would have increased or not with the 2nd child, is the amount more for 2 children than 1?

nannytone_2

so it is quite possible that they sent you an award notice missing the 2nd child off?
if YOU HAD CHECKED IT, YOU WOULD HAVE NOTIC4D THIS ERROR AND INFORMED THEM.
AWARD NOTICES ARENT SENT FOR FUN. THEY ARE YOUR CHANCE TO CHECK THAT THE INFORMATION USED IN THE CALCULATION WAS CORRECT.
THE ONUS IS ALWAYS ON THE CLAIMANT TO CHECK THAT THEY ARE RECEIVING THE CORRECT AMOUNT IN RESPECT TO THEIR CIRCUMSTANCES.

Housing_Benefit_Officer

pitkin2020 wrote: »

As a side note i find it strange that i don't have to inform them of working tax credit change or child tax credit changes which are all correct but they don't receive child benefit information.

We don't have ny access to Child Benefit records. I assume you notified the HB Dept of your 2nd child when he/she was born?

pmlindyloo

The best way to find out if you did notify the council is to make a Subject Access Request.

Look on your council website and see if they have a form that you have to complete.

If not then just google for more information.

An example from a council.

http://www.hackney.gov.uk/f-ict-dataprotection-subject-access-request.htm#.VEVAmfldXKE